Stop whining about the Supreme Court, liberals

Sadly, even before the sessions on health-care reform had ended, some liberals were preemptively trying to delegitimize a potential defeat at the court. If the justices strike down the individual mandate to purchase health insurance, they said, they will prove themselves partisan, activist and, essentially, intellectually corrupt.

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We share in the disappointment that the justices on both sides of their ideological divide are, for the most part, so predictable. That’s not, in the ideal world, how judging is supposed to work. But we also think there’s a kind of cynicism, or at least intellectual laziness, in asserting that this is an easy or obvious call — that no justice could possibly strike down the mandate out of honest, reasoned conviction. Solicitor General Donald B. Verrilli Jr. had his hands full defending the mandate, not because he’s a bad lawyer, but because it’s not an easy question…

Given the court’s responsibility to err on the side of modesty and deference to elected legislators — who can be turned out of office if voters object to the health-care reform they design — the government’s argument is strong enough to carry the day. But it is not, as we said, a slam-dunk. We wouldn’t assume anyone who disagrees is a hack.

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